Where do software patents exist?
(A) The Situation in Europe Paragraph 1 Section 3 of the German patent law states that “computer programs as such” cannot be patented. But in recent cases courts have interpreted these words in the way that only programs of “non-technical character” are unpatentable, while all computer programs of “technical character” can be subject matter of a patent.[13] The term “technical character” is taken rather broadly in the recent case law.[14] It can be said that nowadays practically any software-related idea (software “invention”) can be patented. [15] From a legal-systematic point of view it seems impossible to ignore or invalidate ten thousands of software patents already granted. (B) The Situation in the U.S. In the United States “anything under the sun that is made by man.” (US Supreme Court – Diamond v. Chakrabarty 1980) can be subject matter to a patent application. According to State Street Bank & Trust Co. v. Signature Financial Group, Inc. 1998, the situation can be described as f
